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HomeMy WebLinkAboutPM 2012-06 - Cashier Memo - 8/21/2018 City of MEMORANDUM c�c��l��1/, r—n�17a --5-14I` PUBLIC WORKS DEPARTMENT LAND DIVISION 2600 FRESNO STREET FRESNO,CA 93721 DATE: August 21, 2018 TO: YOLANDA SMITH Public Works Department FROM: JONATHAN BARTEL Public Works Department SUBJECT: SUBMITTAL OF PAYMENT FOR PARCEL MAP NO. 2012-06 THE FOLLOWING ITEMS ARE SUBMITTED FOR PROCESSING: 1. Performance Bond in the amount of$1,721,000.00 2. Payment Bond in the amount of$906,000.00 3. Copy of the Assignment, Delegation and Assumption of Subdivision Agreement. If you have any questions, please contact me at 621-8684 Thank you,.— -? Jonath Bartel Bond No.: 800012902 SUBDIVISION IMPROVEMENT PERFORMANCE BOND Whereas, the City Council of the City of Fresno, State of California, and DPIF CA 6 Fresno LLC ("principal") will be entering into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, identified as Subdivision Agreement for Parcel Map No. 2012-06 , is hereby referred to and made a part hereof; and Whereas, principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Now, therefore, we, the principal and Atlantic Specialty Insurance Company as surety, are held and firmly bound unto the City of Fresno ("City"), in the penal sum of One Million Seven Hundred Twenty One and 00/100-------------_dollars ($ 1,721,000.00 ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof, this instrument has been duly executed by the principal and surety above named, on June 13 20 17 Principal: DPIF A 6 Fresno, LLC By: (Principal) Surety: Atlantic_,Sqedality lnsura Company By: L. (Sure ynn E. Patton,Attorney-in-Fact California All Purpose Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Sacramento On June 13, 2017 before me, Rosalie A. Miszkiel, Notary Public Date Name&Title of Officer/Notary personally appeared Lynn E. Patton _ Names(s) of Signers(s) who proved to me on the basis of satisfactory evidence to be the persons} whose names} is/ere subscribed to the within instrument and acknowledged to me that 4e/she/#fey executed the same in 4s/her/#heir authorized capacity++_4, and that by 4i-s/her/#Meir signature{} on the instrument the person{ or the entity upon behalf of which the persons} acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS =laa d d official seal. sM SAL IE A. MISZKIEL COMM. # 2181991 NOTARY PUBLIC-CALIFORNIA SACRAMENTO CO. >n N tary Public — -'OPTIONAL (The information below is not required by law) Description of Attached Document Title/type of Document Date of Document No. of Pages Other Signer(s) h:\docs\surety\forms\notary.doc Bond No.: 800012902 SUBDIVISION IMPROVEMENT PAYMENT BOND Whereas, the City Council of the City of Fresno, State of California, and DPIF CA 6 Fresno, LLC ("principal") have entered or will be entering into an agreement whereby the principal agrees to install and complete certain designated public improvements, which agreement, identified as Subdivision Agreement for Parcel Map No. 2012-06 is hereby referred to and made a part hereof; and Whereas, under the terms of the agreement, the principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Fresno ("City") to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. Now, therefore, the principal and Atlantic Specialty Insurance Company _ as corporate surety, are held firmly bound unto the City and all contractors, subcontractors, laborers, materialmen, and other persons employed in the performance of the agreement and referred to in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code in the sum of Nine Hundred Six Thousand and 00/100--------------------------------------------------------dollars ($ 906.000.00----------), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition. In witness whereof, this instrument has been duly executed by the principal and surety above named, on June 13 20 17 Principal:_ DPIF CA 6 Fresno, LLC By:, _ ti (Princip Surety: kt1antic_Wbcia1ty Insurance ompany By:_ (Sur-e nn E. Patton,Attorney-in-Fact California All Purpose Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Sacramento On June 13, 2017 before me, Rosalie A. Miszkiel, Notary Public Date Name&Title of Officer/Notary personally appeared Lynn E. Patton Names(s) of Signers(s) who proved to me on the basis of satisfactory evidence to be the person{} whose name{} is/are subscribed to the within instrument and acknowledged to me that #e/she/:Ho� executed the same in 4i-s/her/#heir authorized capacity+k4. , and that by lois/her/#�e# signature44 on the instrument the person{s�, or the entity upon behalf of which the person{} acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my handjx.il official seal. i,,L .,, ROSALIE A. MISZKIEL M 3' COMM. # 2181991 a C b NOTARY PUBLIC-CALIFORNIA p SACRAMENTO CO. " F- � E XP, FEB 2B, 2021 N ary Public -OPTIONAL (The information below is not required by law) Description of Attached Document Title/type of Document Date of Document No. of Pages Other Signer(s) h Adocs\surety\forms\notary.doc One Beacon Power of Attorney INSURANCE GROUP KNOW ALL MEN BY THESE PRESENTS,that ATLANTIC SPECIALTY INSURANCE COMPANY,a New York corporation with its principal office in Plymouth, Minnesota,does hereby constitute and appoint: Nicole S.Moon,Lynn E.Patton,David A.Weise,each individually if there be more than one named,its true and lawful Attorney-in-Fact,to make,execute,seal and delivcr,I-or and on its behalf as surety,any and all bonds,recognizances,contracts of indeninity,and all other writings obligatory in the nature thereof,provided that no bond or undcruiUnL,executed under this authority shall exceed in amount the sum of:sixty"an dollars($60,000,000)and the execution of such bonds,recognizances,contracts of indemnity,and all other writings obligatory in the nature thereof in pursuance of these presents,shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal. This Power of Attorney is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September,2012: Resolved: That the President,any Senior Vice President or Vice-President(each an"Authorized Officer")may execute for and in behalf of the Company any and all bonds,recognizances,contracts of indemnity,and all other writings obligatory in the nature thereof,and affix the seal of the Company thereto;and that the Authorized Officer may appoint and authorize an Attomey-in-Fact to execute on behalf of the Company any and all such instruments and to affix the Company seal thereto;and that the Authorized Officer may at any time remove any such Attomey-in-Fact and revoke all power and authority given to any such Attorney-in- Fact. Resolved: That the Attorney-in-Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds, recognizances,contracts of indemnity,and all other writings obligatory in the nature thereof,and any such instrument executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed and sealed by an Authorized Officer and,further,the Attomey-in-Fact is hereby authorized to verify any affidavit required to be attached to bonds,recognizances,contracts of indemnity,and all other writings obligatory in the nature thereof. This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September,2012: Resolved: That the signature of an Authorized Officer,the signature of the Secretary or the Assistant Secretary,and the Company seal may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing an Attorney-in-Fact for purposes only of executing and sealing any bond, undertaking,recognizance or other written obligation in the nature thereof,and any such signature and seal where so used,being hereby adopted by the Company as the original signature of such officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF,ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company to be affixed this eighth day of December,2014. ?Q��OR¢�RRTFR� SEAL =ir 1986 oz By STATE OF MINNESOTA s yEty vol�ra� Paul J.Brehm,Senior Vice President HENNEPIN COUNTY On this eighth day of December,2014,before me personally came Paul J.Brehm,Senior Vice President of ATLANTIC SPECIALTY INSURANCE COMPANY,to me personally known to be the individual and officer described in and who executed the preceding instrument,and he acknowledged the execution of the same,and being by me duly sworn,that he is the said officer of the Company aforesaid,and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the signature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company. TARA JANELLE STAFFORD 2��M_ NOTARY PUBLIC•MINNESOTA My Commission Expires January 31.2020 Notary Public I,the undersigned,Assistant Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY,a New York Corporation,do hereby certify that the foregoing power of attorney is in full force and has not been revoked,and the resolutions set forth above are now in force. Signed and sealed. Dated 13th day of June 2017 �a°'PVS Y l Pl SG',y�a '�U 4�POOAT =w SEALF ("Y Ct` � This Power of Attorney expiresq 198.6 ;n October 1,2017W SYS b ¢s �71 fi �ro deb James G.Jordan,Assistant Secretary 2/27/2018 Company Profile DEPARTMENTCALIFORNIA COMPANY PROFILE Company Profile Company Search Company Information Company Information ATLANTIC SPECIALTY INSURANCE COMPANY Old Company 605 HIGHWAY, 169 NORTH, SUITE 800 Names PLYMOUTH, MN 55441 Agent for Service 877-248-3455 Reference Information Old Company Names Effective Date NAIC Group List Lines of Business ATLANTIC SPECIALTY INSURANCE COMPANY DBA ASIC INSURANCE 05/03/2002 COMPANY Workers' Compensation Agent For Service Complaint and Request for KARISSA LOWRY Action/Appeals 2710 GATEWAY OAKS DRIVE Contact Information SUITE 150N Financial Statements SACRAMENTO CA 95833 PDF's Annual Statements Reference Information Quarterly Statements NAIC #: 27154 Company Complaint Company California Company ID #: 4650-8 Performance& Comparison Data [Date Authorized in California 09/11/2000 Company Enforcement Action License Status: UNLIMITED-NORMAL Composite Company Type: [property&Casualty Complaints Studies Additional Info [State of Dofnicile. NEW YORK Find A Company Representative In back to top Your Area View Financial Disclaimer NAIC Group List NAIC Group #: 4904 Intact Financial Grp Lines Of Business The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT DISABILITY FIRE LIABILITY MARINE MISCELLANEOUS hfps://interactive.web.insurance.ca.gov/companyprofile/companyprofile?event=companyProfile&doFunction=getCompanyProfiile&eid=101046 1/2 2/27/2018 Company Profile PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION back to top © 2008 California Department of Insurance https://interactive.web.insuran ce.ca.gov/companyprofile/companyprofile?event=companyProfile&doFunction=getCompanyProfile&eid=101046 2/2 2/27/2018 Atlantic Specialty Insurance Company-Company Profile-Best's Credit Rating Center A.M. Best Rating Services Atlantic Specialty Insurance Company A.M.Best#:D12666 NAIC M 27154 FEIN#:133362309 Administrative Office View Additional Address Information pial Sbwgth RnMa 605 Highway 169 North Suite 800 "ES-T Plymouth,MN 55441 A Btcaliant United States Assigned to insurance companies that have, in our opinion,an excellent ability to meet Web: :781-3 781-332-7000 their their ongoing insurance obligations. Phone:781-332-7000 Fax:781-332-7969 View additional news,reports and products for this company. Based on A.M.Best's analysis,051160-Intact Financial Corporation is the AMB Ultimate Parent and identifies the topmost entity of the corporate structure.View a list of operating insurance entities in this structure. Best's Credit Ratings Financial Strength Rating View Definition Rating: A(Excellent) Financial Size Category: IX($250 Million to$500 Million) Outlook: Stable Action: Affirmed Effective Date: February 23,2018 Initial Rating Date: April 13,2004 Long-Term Issuer Credit Rating View Definition Long-Term: a+ Outlook: Stable Action: Affirmed Effective Date: February 23,2018 Initial Rating Date: June 30,2005 u Denotes Under Review Best's Rating Best's Credit Rating Analyst Rating Issued by:A.M.Best Rating Services,Inc. Senior Financial Analyst: Gordon McLean Associate Director:Raymond Thomson,CPCU,ARe,ARM Disclosure Information Disclosure Information Form View A.M.Best's Rating Disclosure Form Press Release A.M.Best Affirms Credit Ratings of Intact Financial Corporation and Its Subsidiaries February 23,2018 i Rating History A.M.Best has provided ratings&analysis on this company since 2004. Financial Strength Rating Effective Date Rating 2/23/2018 A 10/2/2017 A 5/3/2017 A u hftp://ratings.ambest.com/SearchResuIts.aspx?AltSrc=9 1/3 2/27/2018 Atlantic Specialty Insurance Company-Company Profile-Best's Credit Rating Center 11/15/2016 A 10/30/2015 A 10/3/2014 A 10/4/2013 A Long-Term Issuer Credit Rating Effective Date Rating 2/23/2018 a+ 10/2/2017 a+ 5/3/2017 a u 11/15/2016 a 10/30/2015 a 10/3/2014 a 10/4/2013 a Related Financial and Analytical Data The following links provide access to related data records that A.M.Best utilizes to provide financial and analytical data on a consolidated or branch basis. .................. .... AMB# Company Name Company Description 018458 OneBeacon Insurance Group(SG) Represents the A.M.Best Consolidated financials for the Property/Casualty business of this legal entity. Rating Unit I ............................................. Best's Credit Reports �— Best's Credit Report -Where applicable,includes Best's Financial Strength Rating and rationale along with comprehensive analytical commentary,detailed business overview and key financial data. Report Revision Date:2/23/2018(represents the latest significant change). AHistorical Reports are available in Best's Credit Report Archive. View additional news,reports and products for this company. http://ratings.ambest.com/SearchResults.aspx?AltSrc=9 2/3 2/27/2018 Atlantic Specialty Insurance Company-Company Profile-Best's Credit Rating Center Press Releases Date Title Feb 23,2018 A.M. Best Affirms Credit Ratings of Intact Financial Corporation and Its Subsidiaries Oct 02,2017 A.M. Best Removes From Under Review and Upgrades Issuer Credit Ratings of OneBeacon Insurance Group, Ltd.and Its Subsidiaries May 03,2017 A.M.Best Places Credit Ratings of OneBeacon Insurance Group, Ltd.and Its Subsidiaries Under Review With Positive Implications Mar 01,2017 A.M. Best Assigns Credit Ratings to Split Rock Insurance, Ltd. Nov 15,2016 A.M. Best Affirms Credit Ratings of White Mountains Insurance Group, Ltd.,OneBeacon Insurance Group, Ltd. and U.S.Subsidiaries Sep 13,2016 A.M. Best Assigns Credit Ratings to OBI America Insurance Company Oct 30,2015 A.M. Best Affirms Ratings of White Mountains Insurance Group, Ltd., OneBeacon Insurance Group, Ltd.and U.S.Subsidiaries Oct 04,2013 A.M. Best Affirms Ratings of White Mountains Insurance Group Ltd.,Its Subsidiaries and OneBeacon Insurance Group, Ltd. Oct 19,2012 A.M. Best Places Ratings of Certain Subsidiaries of OneBeacon Insurance Group Ltd.Under Review With u _. 1 2 Page size: 10 18 items in 2 pages European Union Disclosures A.M.Best-Europe Rating Services Limited(AMBERS),a subsidiary of A.M.Best Rating Services,Inc.,is an External Credit Assessment Institution(ECAI)in the European Union(EU).Therefore,Credit Ratings issued and endorsed by AMBERS may be used for regulatory purposes in the EU as per Directive 2006/48/EC. 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